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1915 Supreme(Mad) 374

SESHAGIRI AIYAR
Thoppukattu Ramaya Gounden And – Appellant
Versus
R. Sadagopachariar – Respondent


JUDGMENT

Seshagiri Aiyar, J.

1. In these cases suits for declaration were filed in the District Munsifs Court. Among the reliefs prayed for, the questions regarding the right of the tenant to the trees on their holding whether the trees can be cut by them, were asked to be decided. The District Munsif was invited to give and did give his finding upon the matters in controversy between the parties. Ultimately he held that the suits ought to be instituted in the Revenue Court and that he had no jurisdiction; he, therefore, directed the plaintiff to present his plaints in the proper Court. Against those orders appeals were preferred to the District Judge. Before the District Judge the parties agreed that, as there was a prayer which asked for a declaration of rights, the District Munsif had jurisdiction to dispose of the suits. In this view the only order that should have been passed was to annul the orders of the District Munsif directing the return of the plaints for presentation to the proper Court. The parties should have been asked to take such steps as they chose to adopt or to take such proceedings as they thought proper in the Court of first instance. Instead of that, the learne

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